Statutory Rape or Unlawful Intercourse
California Penal Code 261.5(c)
Information regarding the crime of statutory rape is found in the California Penal Code 261.5(c). To prove that the defendant is guilty of this crime, the prosecutor must prove that:
1) The defendant had sexual intercourse with another person;
2) The defendant and the other person were not married to each other at the time of the intercourse;
3) At time of intercourse, the victim was under 18yrs old
Statutory rape under PC 261.5(c) has three main sections that are defined in California.
The first section states that any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years younger than the defendant is guilty of a misdemeanor and is punishable by up to 1 year in the county jail.
If the age difference is more than three years, the district attorney can charge PC 261.5(c) as either a felony or misdemeanor, in which case the crime is punishable by up to 3 years in the state prison (as a felony).
A statutory rape, in which any person over 21, who engages in sexual activity with a minor under 16 years old, is considered a felony and is punishable by up to 4 years in the state prison.
In addition to any jail or prison sentencing, criminal convictions of PC 261.5(c)l can lead to other severe consequences such as: Immigration issues (non-U.S. citizens), fines, lawsuits, employment loss, mandatory HIV testing, and firearm prohibition for life.
PC 261.5(c) is not a crime that carries a mandatory sex offender registration requirement. However, if the victim is under 16 years of age the defendant is more likely to be charged with child molestation or lewd acts which does carry a mandatory sex offender registration requirement.
To learn more about the crime of statutory rape, unlawful sexual intercourse, and PC 261.5(c), including defenses to penal code 261.5(c) PC, contact criminal defense lawyer Christopher Dorado today for a free consultation.
Closely related crimes to "Statutory Rape" PC 261.5 PC
Rape by force Penal Code 261(a)(2)
Spousal rape Penal Code 262
Rape in concert Penal Code 264.1(a)
Seduction of minor for prostitution Penal Code 266